Hinson v. Board of Commissioners

Supreme Court of North Carolina
Hinson v. Board of Commissioners, 6 S.E.2d 504 (N.C. 1940)
216 N.C. 806; 1940 N.C. LEXIS 388
PER CURIAM.

Hinson v. Board of Commissioners

Opinion of the Court

Per Curiam.

There is but a single question raised on this appeal: Is chapter 525, Public-Local Laws of North Carolina, 1939, applicable to Yadkin County and permitting, with a vote of the people, special school taxes to be levied as therein provided, a violation of section 29, Article II, N. C. Constitution, which declares that "The General Assembly shall not pass any local, private, or special act or resolution . . . establishing or changing the lines of school districts, . . .” and, therefore, unconstitutional ?

The Court being evenly divided in opinion, Stacy, C. J., not sitting, the judgment of the Superior Court is affirmed and stands as the decision of this action without becoming a precedent. Ins. Co. v. Stinson, 214 N. C., 97.

The judgment of the court below is

Affirmed.

Reference

Full Case Name
J. S. Hinson, H. L. Evans, Carl Rose, John Colbert, R. S. Walters and J. A. Lyons v. the Board of Commissioners of Yadkin County, D. A. Reynolds, J. W. Shore and L. L. Smitherman, Commissioners.
Cited By
1 case
Status
Published